The Plattsmouth journal. (Plattsmouth, Nebraska) 1901-current, January 21, 1909, Image 1

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    Historical P.-
Ho
04
SI-MI-WEEKLY EDITION-FOUR PAGES
PLATTSMOUTII, NEBRASKA, TllUKSDAY, JANUA11Y 21, 1909
VOLUME XX VII 1
NUMBER 174
akes trip to
soldiers' home
Committee of the State Visit
Grand Island and lYHIford
ItiKk on Kartli.
Cade Rogers a veteran soldier for-
nerly of Glenwood, now of the Pacific
branch of the National Home for
disabled soldiers in California, Bends
a card containing on one side the
menu of the Christmas dinner at
the home, which certainly was very
palatable. On the other side is a
handsome likeness of the flag under
which Rogers has written:
"Oh! may that spangled banner
Long triumph in wave,
Over future Americans
After we are In the grave." Glen
CLOSING
OUT SALE
C. Bengen, of Mynard to Remove
to Town to Reside
Fro
Lincoln, Neb., Jan. 16, 1909.
I have Just returned from a trip
to the State Soldier's Home at Mil
ford and Grand Island, where the
committee, of which I am a member,
inspected the same on Friday, leav
ing the city on Thursday night. Ve
arrived at Milford about 7:30. Our
party consisted of seven from the
House and foru from the Senate
eleven in all. After our arrival at
Milford six of the party were con
veyed to the Soldiers' Home for the
night, and five to the Industrial
Home, where the fallen women of
the state are cared for, and in due
course of time are found homes.
Some of the young women come to
this institution almost ready to give
birth to a child. These young wo
men are detained at the home for
one year after the confinement when
the child is kept at the home and
the mother found employment else
where. This is the most charitable
institution in the state and is en
tirely under the control of the Misses
Ward, who former home was at
Pamnee City. Here we remained over
night and enjoyed the excellent
breakfast next morning ere we were
taken to the Soldiers' Home, two
miles distant.
Indeed we would fall far from do
ing our duty did we omit saying a
good word in behalf of the ladies and
the good work they are accomplish
ing for the unfortunate who seek aid
at their hands. Here the wayward
pended for the large stone building wood Opinion.
which is already nearing completion
at a cost of nearly . $20,000 to the
tax payers of Nebraska, for the spec
ial use of the commander, had been
placed where it would do the most
good there would be but little use for
another appropriation. It should
have been placed in extending the
main building where the old veterans
could get the benefit of it, instead of
building a mansion for a man and
his family, who keep themselves
above associating with the men who
orti Tuesday s Dally.
Cl Bengen the veteran farmer and
i ... .
gram dealer or Mynard, has con
eluded to retire from his occupation
of farming and was in the city this
morning making arrangements to
disposed of his horses and cattle as
well as his farming implements, at
public Bale. He will give this sale
on Wednesday, February 3, at his
farm two and a half miles south of
Mynard and two and a half miles
north of Murray and if circumstances
are favorable he expects to dispose
of everything which ties him to the
Supreme Court Affirms Two Cases farm. The sale is called for twelve
flnnoiloH FrAn. fW ftt.mtv CK)CK no0n 0n lDal a Deln
" " ' done so that those who desire to at-
i . . . .
Tha ropont nittin? nf thn Biinreme tena irora f laitsmoum can ao so ana
To Attend Annual Convention.
From Tuesday' Dally.
John M. Jtrousek, on of the city's
most enterprising Bohemian citizens,
departed this morning on No. 6 for
T - .-. V- - - - .
unv. i uttor, vt ib., m urit: 110 ftutra to at
tend he annual convention of the
Catholic Workmen of which he is the
president. The society is a fraternal
insurance organization of excellent
standing in the country and Mr. Jir
ousek Is one of Its most influential
members, having been one of the or
ganization for many years. He will
be gone for several days aa it will
take some time to transact the busi
ness of the annual meeting.
GIVES TWO
DECISIONS
court handed down decisions in two get back by the middle of the after
I t n r ... .i I nnnn Fnr th sain h hna pnenepd
saved this country. We trust the cases ,n wn.cn im.u - " "- "
ho are interested, the cases going -up to '"uc" aa - "
.... ti,ai frm thia rmnv whom Kea Patterson win act as ciem. Mr.
very carerui in dealing out anouier " ....... , .
' nferA unma they were originally tried in the disN Bengen is one of the best known citi
... u j i j i j I pint rnnrt in hnih eases the decls-1 zens in this county and a man who
and will not be hoodwinked into do- net court, in Dotn cases ine atus ... , tv.n
ion of the lower court was upheld. ""w"11; luc -
During the many years he has been
engageo in farming here he has
earned quite a handsome competence
and In his older days, he has conclud
ed the life is too hard for him as he is
able to retire and live veiy comfort
FARr.HHG
EXPERTS
DISTRICT
COURT
At noon he
made a trip to Omaha in connection
with some business matters expect
ing to get back to ho city on the
Schuyler train this afternoon, when
he will drive home.
ine; so.
The Grand Island Home. The syiiaous oi tne cases ionow
Aftor irotHnir dinner at the Milford Gorder & Son vs. Pankonln. Ap
hnorHort th train for Hrand peal, Cass. Affirmed. Calkins, C.
ItUiUV nv vawu -- v. w-.-- I
Island, wherewe arrived after three Department No. 2.
hmr.' rH. Vlere we were met at 1. In an action brought to compel
the soecific performance of a cove-
mpn LLz Mr. Barnes, the new nant to renew a lease, the fact that ably, he will dispose of his farming
, ,o ,n. the descrlDtlon of the nronerty in Interests and enjoy life.
ve 7 by au omobi e to he So - the lease is Indefinite will not defeat He has much very excellent stock
W.H ?f - "S I I,. ul the olainttff's rlsht to have the same while his Implement are all In good
we found a far different nMt'e of nf- specifically performed where it ap- shape and Just what any thrifty
ffllrs in the surrounding in gen- pears that both parties have, without farmer would want. That there wi l
, v..n., ..,,1 i.na. n,.PKtlon. rcm under said lease, the be genuine opportunities to get bar-
PI Hi i jiH ill a ill uuiiuiii i wii'i iiv'- i w ,
pitalapnears much more comfortable, defendant surrendering and the plain- gains, is sure and everyone should
the rooms larger and everything as tiff accepting, specified property de- remember the date and make i an i es-
nu r. a Pn Th, Ifome Is sur- scribed in said lease. pedal effort to be present ad take
i...i twpntv-five totta: 2. While the sale of his interest advantage of the sale. The date is
...v.,,. ,,..a h, ... u,i ti.ir to a straneer bv one member of a February 3, remember
- ii tB n,.,frtJnnrnprRhln rtop not make such Mr. Bengen will continue to look
WlVh, live ill on me w i t " - ' I , . . . , .mi .
' v,. Btmncpr a mpmhpr of th firm, there after his grain interests and will at
iris are taken and reformed, if u ' mtle Datch for gardening, raise their is no rule of law forbidding all the tend strictly to this line of work
possible to do so, and we are proud hoM nr ivL.n nn(, ni1wa of a firm from aKreein to relieved of the worry of looking aiter
. . A. nfitnn I, U V Jl VUllVClIO UUVC y OI I I i .il i Ul nn nmflr . Ila
some of them a cow. The state owns admit a new member therein. , -
600 acres of land, some of which is as 3. Where by agreement be- , ; . , 7;
j .,miv, na ..nv inn in t ween all the nartners a new member Joul ' a mu 1"",":ua":u "D"
the state. The old veterans, of which Is admitted to the firm, he acquires leaving an order for the necessary
.noj eot. an interest in the nartnershin DroD- printing ror nis saiu.
a 1 rz U 'Cl tow i. v. ii v. i v v. . i.i v. i i v t -
isfied with the surroundings, and erty by operation of law; and such
with one accord denying all reports to transfer is not within the statute of
the contrary. The water is excellent, frauds.
they have the best to eat, a fine 11- 4. In an action by a partnership
brary room in which to enjoy reading t-- the specific performance of a cov-
the many books which the library nant to renew a five year lease, It is
contains, and we say everything to Immaterial that at certain times dur
make it a veritable home in every ing the first term of said lease other
sense of the term. persons held an Interest in said part
There has been some talk of con- nershlp, where the persons who con
solidating the two institutions, either stltuted the partnership at the time of
at one place or the other, and had demanding such renewal are the same
Governor Sheldon been re-elected a persons who were the members of
strong "pull" would have been made the firm at the time of the execu
the Grand Island Home to tlon of the lease. ,
vv --- - i
Milford. He even went so far as to 5. Where a lessor has accepted the
recommend a largo appropriation for benefits of a lease made by him to a
Milford, but was silent on such a partnership, he cannot in an action In
proposition for Grand Island. We such partnership to enrorce the spe
cannot see why the Milord home cific performance of a covenant to re-
Home should not be removed to new, plead that the partnership was
Grand Island. The state from a f I- with us capacity to take the legal title
nancial standpoint, is more Interested to real estate.
in the latter place than In Milford. . 6. Where a plaintiff purchases a
the buildings are more commodious stock of goods and the good will of
and In better shape, and with the a business, at the same time asking a
Immense body of land tilled as it lease of the premises in which said
should be, would soon be made self- business has been carried on, for a
supporting. In refusing to recora- term of years with an option to renew
mond more monev for the Grand Is- at the end of said term, he is not con-
land Home. Governor Sheldon again fined to an action of law for damages
shows his spite work and desires to in case of the landlord s refusal to
renay those who supported Gover- fulfill the covenent to renew, but may
nor Shallenberger in preference to maintain an action In equity for his
himself. specific performance of such cove
Those who went on this trip were nant.
Senators Majors, Hathaway, Fuller,
and Case and Representatives Nettle- Heidemann vs. Noxon. Appeal,
ton, Raper, Shuls, Taylor, Lawrence, Cass. Affirmed. Duffle. C. Depart-
John W. Sink and M. A. Bates, and it ment No. 1.
a unnecessary to say we fully enjoyed 1. That a warrant Issued for the
the outing. While In all probability arrest of the putative father of
is
to say that most of those who enter
here go away with a resolve to lead
a better life, and they generally ac
complish the purpose for which this
institution was established. There are
thirty-three inmates in this institu
tion, who are learning to sew, to
cook, and are schooled. They put
in one-half of the day in the school
room, and the other half at the
various other duties assigned them.
Here they have an experienced seam
stress who teaches dressmaking and
other domestic household duties, and
when they leave the home they go to
accept a position for which each one
may be especially adopted. There are
also 26 young babies cared for here,
ranging in age from one month to one
year. These were either born here
by some unfortuate young girl or who
have been abandoned by some heart
less mother. They are generously
cared for and are kept as neat as any
loving mother coftld possibly care
for them.
This institution is a God-send to
the fallen women of Nebraska. Ev
erything about the place is kept In
that neatness which would surround
the best of homes, and we Bay that
it should be kept up to its present
standard to which these ladles have
placed it. There Is some talk of the
state doing away with the Institu
tion, and we hope such an Idea will
never predominate, but that Instead,
this legislature will grant it a very
liberal appropriation and that the
Misses Ward will be continued at its
head for all time. They are very
estimable ladies, and their work
shows for itself. They fully under
stand how to conduct such an insti
tution, and we say they should not
be removed from the position for
which they are so eminently fitted
The Soldiers' Home.
We spout most of the forenoon at
the Soldier's Home, where wo had
the pleasure of meeting numerous old
veteranH, many of whom are almost
ready to answer to the last roll call.
while others appear to be In fair
health. The committee thoroughly
Investigated the surroundings. A big
appropriation will be asked for this
home, but will be opposed by many in
the legislature. If the money ex
Government to Co-Operale With the
Farmers to Get Better Results
During the holiday recess I at
tended a farmers' institute in each
county of the First District, taking
with me an expert from the office of
Public Roads and another from the
Bureau Of Plant Industry. My pri
mary purpose was to present the
work that is being done by the U.
S. department of agriculture which
is of direct practical benefit to the
farmers. The experts of the depart
ment have worked out certain meth
ods which have been tried and
proven to be a great success not only
at the state experiment stations, but
when applied on the farms. I have
arranged with the Secretary of Agri
culture to have two experts sent to
the First District next spring to aid
the farmers in introducing these im
proved methods. These experts will
visit the farms and give every assist
ance possible in Introducing these
new methods. Other states are avail
ing themselves of this opportunity
and I am in hopes that the farmers of
my district will take advantage of It
and secure the benefits of the latest
and best improved method
of selecting seens and the cul
tivation of crops. Where these
methods have been put Into pructlce
they have resulted in increasing the
yield from twenty to fifty per cent.
vs Krampien et al.
Pend-
there are those on this committee bastard Is not directed to the sher
who will vote for a big approprla- Iff, coroner or constable of the
tlon, we believe that the building up county Is not cause for abating the
of the Milford Home will be to the action in the district court where the
detriment of the Home at Grand Is
land and that It will be done In the
direct Interests of one selfish party,
while the entire people of Grand IB
land are interested in the sustaln-
questlon was not raised before the
examining magistrate.
The examining magistrate docs not
loso' Jurisdiction of the case by grant
Ing a continuance of the hearing on
ment of the beautiful Home located the request of the defendant.
near their prosperous city.
M.
A. B.
l-'or An Oprn Nenin.
From TiK-Kilay'H iMilly.
Feiintor Banning yesterday Intro
duced Into the senate a bill making
an open season on squirrels. His bill
provides that the season shall ex
tend from September 30 to November
."iO of each year. Some such legisla
tion is demanded by the farmers
throughout the country as they have
been severe sufferers from the rav
Pges of these little animals. They
have destroyed much property not
stopping at corn and grains but eat
ing iiiurly anything which they hap
pened to fancy. The Banning bill or
some similar measure should lie pass
ed to ki-rp them down.
2. This court will not disturb a
Judgment bnsed on conflicting evl
denco where the evidence sufficiently
supports the Judgment.
Fine Chicken Kaiser.
The announcement of the special
awards for exhibits and individual
birds at the poultry show at Omaha
as Just been made public, and
Plattsmouth stands well to the front
the prize winners. Mr. W. C.
Hamilton of this city, mention of
whose unparalleled success has here
tofore been made, wins out most of
the special prizes. He is announced
as the winner of the $25 gold special
for the largest and best display in
English class. He also Is selected
as the winner of the $20 gold special
for the largest and best display in
the Orpington class. In addition he
took down the silver cup given for
the best cock, hen, cockerel and pul
let a great distinction In a field
with so many fine entries to compete
with. In addition to these special
prizes which are the bone of conten
tlon In every poultry show, he took
down thirteen regular and two spec
ial ribbons. His share of the cash
prizes amounted to $17, making his
total winnings $62 In cash prizes, a
Bllver cud and fifteen ribbons. This
Is a record which Is well worth feel
Ing proud of and Mr. Hamilton cer
tainly knows from this that he has
a selection of chickens which will
compare more than favorably with
any to be met. He has given the art
of chicken raising all his time and his
chickens now have a name known
throughout the country as some of
the finest strains to he found
In every show In which he has ex
hlbited, he has had the same pleas
ant tale to tell a tale of one victory
after another and one sweep In the
field after another until such things
have become old to him. It is a mat
ter of pride to Plattsmouth people
that they have so fine chickens In
their city and they feel Justly prom!
of Mr. Hamilton and his success and
predict for him a brilliant future In
his particular chosen field.
Frlti Hesse came down Snturduy
evening from Hsveloik where he Is
now employed. On the way down he
stopped off at Oninha and visited his
brother Henry In the hospital, find
ing him getting along finely and on
Miss Emma Bauer is a visitor this the highway to complete recovery
afternoon In Omaha having been a He returned to his duties in Ilavelork
passenger for that city on the mall yesterday afternoon on the two
train at noon. o'clock train.
Any farmer of the First District ho
desires to receive the co-operation of tered.
the government in the introduction Krampien
of these Improved methods can do I Passed.
so by sending me his name and ad- Manspeaker vs. Scott et al.
dress. I should like to have all Ing on demurrer.
those who desire to participate in In the matter of the estate of Wm.
this co-operative movement to write II. Edgerton. Passed.
me at once here in Washington, as It Stoehr vs. Hayes. . Continued.
will be necessary for the department Johnson vs. Johnson. Trial.
to receive the names of such farmers Carraher vs. Carraher. In judg-
as soon as possible In order that the ment.
preliminary arrangements may be Schaefer vs. Unknown Heirs Sharp.
perfected by the time It is necessary Decree.
to begin the work.
Very truly yours,
(Signed) Ernest M. Pollard,
Washington, D. C.
Fever sores and old chronic sore
should not bo healed entirely, bu
should be kept In healthy condition
This can bo done by applying Cham
berluln's Salve. This salve has no
superior for this purpose. It Is also
most excellent for chapped hands
sore nipples, burns and diseases o
the skin. For sale by F. O. Frlcke
Co.
Judge Harvey D. Travis Opens Jan
uary Term Several Important
Cases on Docket
From Tuesday's Dally.
Judge H. D. Travis yesterday morn
ing opened the January term of the
district court. The jury la not to
appear until next Monday when the
criminal docket will be taken up and
disposed of, the law cases following.
It is not thought that the criminal
cases will take long to try as most
of those on te docket have been dis
missed or will be otherwise disposed
of. The principal case on the crlm- .
inal' docket is that of the State vs.
Ossenkop and an effort will prob
ably be made by Matthew Gerlng, at
torney for Ossenkop, to obtain a con
tinuance of the case until the next
term. The grounds upon which a
continuance will be asked Is the state
of public feeling aroused by the
shooting of John P. Thacker, by
Johu Clarence and the probable ef
fect of this shooting on public opin
ion. Whether this showing will sat
isfy the court remains to be seen.
The case of State vs. Hixon will be
for trial undoubtedly and the State
vs. Watkins will also be for disposition.
The business disposed of yesterday
was as follows: v
Ilerold vs. Coates. Motion to re
quire new petition to be filed, stat
ing the second cause of action sepa
rately frbm the first, . sustained.
Plaintiff excepts. Petition to be filed
within thirty days. Defendant ex
cepts. Lee vs. Hall et al. Trial.
Stull vs. M. P. Ry. Trial.
Argo vs. McQuinn. Trial.
Osbon vs. Pope. Trial.
Clark vs. Fleischman et al. Trial.
Lau vs. Hall. Trial.,'
Wendt. vs. Leary t al. Tril.
White vs Sturm et al. Demurrer.
McVicker vs. Plattsmouth. Trial.
Pratt vs. Marsh. Trial.
Dunkirk vs. Kilgore et al. Con
tinued.
Long vs. Goehry et al. Decree en-
Once More for Ulx.
No man of his bright laurels would
I rob,
But let me be excused for saying
this:
If I had Bates' tile and Bates' job.
This life would be but little short
of bliss.
The common herd would be to me as
goats,
So far above them would my spirit
soar;
And I would walk the streets and
'. feel my oats
As no one ever felt his oatB before.
In the matter of the Estate Snm'l.
S. Johnson. Trial.
Pratt vs. Pratt. .Trial.
Lynn vs. Lynn, et al. Judgment
In partition entered.
State vs. Klepser et al. Dls-
mlsed.
State vs. Downey et al. Dismissed.
State vs. Riley et al. Motion to
grant separate trial for Wm. Murphy
overruled. Defendant excepts.
State vs. Hlxon. Trial.
A Pleasant Surprise.
The young friends of Miss Era Por
ter very pleasantly surprised her at
her homo, "The Golden Willows."
one evening IhhI week.
The evening was spent In social
games, music, and conversation, and
at a late hour refreshments were
served, and the vounar neonle r-
But Bates' road is not for me to take; turnpd t0 thpr hom
I cannot to the legislature go; Tn , ...
I cannot frame the laws that others and Mftry proUHt( Florenco 8nd Lul
DreaK Vallerv. Hattle Adams. Ethel Ilentlpv.
Because the people will not have Margart,t Livingston. Ora, Winnie
It BO- anil EMnron
Sans. Gertrude Cole. Mabel Klser. ftn.l
No, lam not constructed of the stuff G1(,n w,,(gi John Vftt,ryi Max Ad.
That statesmen are, that point Is
ams, Wayne and Willie Propst, Roy
virym.ar, Hiitcheson. Chnrlpv Pnrnnrrt nml
But I may iook on nates, aim maiB I1()yd porter
enougn
To fill my rugged soul with hope
and cheer. I Kc turned to t'leir Old Home,
Mr. and Mrs. Geo. Thomas and lit-
The legislative halls I'll not profane h0 Hongi Karl and Qeorgle arrived In
At any time of day In shine or ,.ty aHt Friday evening from
storm, Wakama, South Dakota, where they
Until I have a tile, gold-headed ratio, nave resided on their claim for the
And broadcloth togs to ru my .,ttHt six months. The allotted time
classic form. for Droving un on their land has but
about one-half expired, but they re-
lf that time never comes In life s turned to Plattsmouth to remain onlv
i
short race, during the extreme cold weather that
Forbid that I should murmur at my t,ey nnvo been experiencing In the
lt. north. The weather man has been
But let me humbly occupy the place giving them a Beige of from 20 to 25
Contendediy, as common people degrees below aero. For the present
ourM. they will make their home In a uor-
Illxby In Lincoln Journal. tion of the comfortable rooms In Un
cle Henry Boeck's Building on upper
Pocket books Gerlng &. Co. I Main street.